Know Your Rights

Title IX Protects LGBTQI+ Students From Mistreatment at School

Title IX is our federal law that prohibits sex discrimination in education. 

The federal Department of Education Office of Civil Rights (OCR) issued a public notice in June of 2021 clarifying that transgender, nonbinary, lesbian, gay, bisexual, queer, and intersex (LGBTQI+) students are protected from discrimination at school under Title IX.

What You Can Do if You Experience Bullying, Harassment, or Discrimination

From Confronting Anti-LGBTQI+ Harassment in Schools: A Resource for Students and Families: 

• Notify a teacher or school leader (for example, a principal or student affairs staff) immediately. If you don’t get the help you need, file a formal complaint with the school, school district, college, or university. Keep records of your complaint(s) and responses you receive.

• Write down the details about what happened, where and when the incident happened, who was involved, and the names of any witnesses. Do this for every incident of discrimination, and keep copies of any related documents or other information.

• If you are not proficient in English, you have the right to ask the school to translate or interpret information into a language you understand. If you have communication needs because of a disability, you have the right to receive accommodations or aids and services that provide you with effective communication.

• Counseling and other mental health support can sometimes be helpful for a student who has been harassed or bullied. Consider seeking mental health resources if needed.

• Consider filing a complaint with the Civil Rights Division of the U.S. Department of Justice at civilrights.justice.gov (available in several different languages), or with the Office for Civil Rights at the U.S. Department of Education at www.ed.gov/ocr/complaintintro.html (to file a complaint in English) or www.ed.gov/ocr/docs/howto.html (to file a complaint in multiple languages).

Where and How to File a Complaint

If you have experienced school-based bullying, harassment, or discrimination, you can file a complaint with the Office for Civil Rights (OCR) at the U.S. Department of Education.

Things to know about filing a complaint

• You are entitled to file a claim. Nearly every public school receives some level of federal funding and is therefore covered by Title IX. That means public school students who experience, bullying, harassment, or discrimination may file a claim with OCR.
• Time is of the essence. A complaint must be filed within 180 days of when the bullying, harassment, or discrimination occurred.
• Your confidentiality is assured. Every claim remains confidential and will not be shared without permission.
• A third party may file a claim on behalf of another person. In other words, the person making the complaint doesn’t have to be the one who experienced the harassment. A friend, family member or school faculty member can file the complaint.
• Title IX makes it unlawful for the school to  retaliate against anyone who has made a complaint, or testified, assisted, or participated in any manner in an investigation or proceeding under the law.
• You should complete the entire form-when filling out the report. Make sure to fill out the entire form. Incomplete information may result in a dismissal of your complaint.

How to file a complaint

An electronic complaint form and detailed information about filing a complaint are available on the OCR website at: www2.ed.gov/about/offices/list/ocr/complaintintro.html

Read the instructions and click Continue to Complaint Form at the bottom of the page to get started.